Family and Medical Leave Act

Aka: Family and Medical Leave Act

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II. Background

  1. Enforced by U.S. Department of Labor (law since 1993)
    1. Employment Standards Administration
    2. Wage and Hour Division
  2. Workplace inclusion
    1. Employer with 50 or more employees
  3. Workplace Obligation
    1. Requires up to 12 weeks of unpaid leave per 52 weeks
    2. Criteria
      1. Birth and newborn care
      2. Placement of child for adoption or Foster Care
      3. Care of a seriously ill spouse, child, or parent
      4. Serious health condition preventing work
        1. Employee requires hospitalization or medical care
        2. Unable to perform at least one essential function
      5. Intermittent leave for variable conditions
        1. Migraine Headache
        2. Asthma

III. Protocol: Certification of Health Care Provider Form

  1. Complete form entirely
  2. FMLA benefits once certified (limited to 12 weeks)
    1. Employee entitled to health care benefits
    2. Employee returns to same or equivalent job position

IV. Resources

  1. U.S. Department of Labor Family and Medical Leave Act
    1. http://www.dol.gov/whd/fmla/
  2. National Partnership for Women and Families
    1. http://www.nationalpartnership.org/

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